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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S.GADKARI, SHYAM C.CHANDAK
Jitendra Jaywant Sawant – Appellant
Versus
Deputy Collector – Respondent
| Table of Content |
|---|
| 1. petition challenges public notice for encroachment removal. (Para 1 , 2 , 3 , 4) |
| 2. pre-1960 structures claimed protected; hearing required. (Para 5) |
| 3. no permission granted; writ limits disputed facts. (Para 6 , 7) |
| 4. strict enforcement against unauthorized constructions mandated. (Para 8) |
| 5. no authorization; petition dismissed without sympathy. (Para 9 , 10 , 11) |
JUDGMENT :
A.S. Gadkari, J.
1) Rule. Rule made returnable forthwith and with the consent of parties, taken up for hearing.
2) By this Petition, under Article 226 of the Constitution of India, the Petitioners are seeking a writ in the nature of mandamus or any other appropriate writ, Order or direction calling for the records and proceedings related to CTS No.661 concerning the structure erected by the Petitioners and to quash and set-aside the Common Public Notice dated 23rd November, 2022 (Exhibit–I) issued by the Deputy Collector (Encroachment/Removal), Chembur, Mumbai and for other consequential reliefs.
3) Heard Mr. Kanade, learned counsel for the Petitioners, Mr. Singh, learned counsel for Respondent–UOI, Mr. Jadhav, learned Addl. GP for the Respondent Nos.1 and 2–State and Mr. Godbole, learned senior Ad
Unauthorized structures on government land without permission unprotected; writ jurisdiction bars disputed pre-datum facts; strict judicial stance against illegal constructions, no sympathy for viola....
Municipal authorities have a duty to enforce laws against unauthorized constructions, and civil court orders do not impede their obligation to act.
The court mandated the BMC to fulfill its statutory duties by demolishing illegal constructions, emphasizing accountability and prompt action against unauthorized developments.
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